Alabama § 43-8-224 Anti-lapse Provision; Applicability to Deceased Devisees and to Class Gifts

Alabama Statutes

§ 43-8-224 — Anti-lapse Provision; Applicability to Deceased Devisees and to Class Gifts

Alabama·Title 43 Wills and Decedents’ Estates·Ch. 8 Probate Code·Art. 8 Construction of Wills

If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he or she predeceased the testator, the issue of the deceased devisee who survive the testator by five days take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he or she had survived the testator is treated as a devisee for purposes of this section whether his or her death occurred before or after the execution of the will.

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If a devisee who is a grandparent or a lineal descendant of a grandparent of the testator is dead at the time of execution of the will, fails to survive the testator, or is treated as if he or she predeceased the testator, the issue of the deceased devisee who survive the testator by five days take in place of the deceased devisee and if they are all of the same degree of kinship to the devisee they take equally, but if of unequal degree then those of more remote degree take by representation. One who would have been a devisee under a class gift if he or she had survived the testator is treated as a devisee for purposes of this section whether his or her death occurred before or after the execution of the will.

Alabama § 43-8-224 (Anti-lapse Provision; Applicability to Deceased Devisees and to Class Gifts) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.